Helpme3210
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Does a restrictive covenant have to be noted on the register and is it binding if it is not?
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RV3112
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(Original post by Helpme3210)
Does a restrictive covenant have to be noted on the register and is it binding if it is not?
No. It doesn't have to be registered.

However, whether it is binding on a future or subsequent purchaser is a little more complicated.

Very generally, the rule is as follows: for a covenant to bind a future purchaser, i) it must be negative in nature, ii) made for the protection of land owned by the covenantee, and iii) be intended to run with the covenantor's land. The burden can also only pass in equity, so certain notice requirements also exists. This is where registration comes into play. The rules depend on whether the land which carries the burden was registered at the time.

If the land was unregistered: (at the time of the covenant): Actual notice is required for covenants entered into prior to 1926 to be binding. After 1926, the convenant must be entered as a class D (ii) land charge at the Land Charges Registry, and it must be done whilst the originat covenantor still owns the property.

If the land was registered: (at the time of the covenant); It must be noted on the title of the land.
Last edited by RV3112; 3 years ago
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